Irwin v. Department of Veterans Affairs

Background

In April 1986 a federal VA employee was fired and filed an internal complaint alleging race and disability discrimination. The EEOC affirmed the VA’s decision in a March 19, 1987 letter sent to both the worker and his lawyer. The worker says he received the letter April 7; the letter reached his lawyer’s office March 23 while the lawyer was abroad and the lawyer learned of it April 10. The worker filed a federal lawsuit on May 6, 1987 — 44 days after the notice reached the lawyer’s office but 29 days after the worker says he got it. Lower courts dismissed the case as untimely under the statute that requires filing within 30 days of "receipt of notice."

Reasoning

The Court addressed when the 30-day clock starts and whether late filings are automatically barred in suits against the government. It held that "receipt" includes delivery to the claimant or the claimant’s attorney or the attorney’s office, because parties are bound by their lawyers and rules commonly allow service on counsel. The Court also held that the 30-day rule is subject to the same equitable tolling principles that apply in private cases, but those principles are narrow. Applying those rules, the Court found the worker did not qualify for tolling and affirmed dismissal.

Real world impact

Federal employees must ensure EEOC notices reach them or their counsel promptly; delivery to a lawyer’s office starts the 30-day deadline. Suits against the government can be tolled in limited, equitable circumstances, but ordinary lawyer absence is not enough. Congress can change this outcome by statute.

Dissents or concurrances

Some Justices agreed the clock starts at counsel’s receipt but objected to recognizing equitable tolling; another Justice would have started the clock only on the worker’s personal receipt.